The Indiana Civil Rights Commission Tester Program
From the Director:
The Indiana Civil Rights Commission (ICRC) for more than 35 years has served as the "protector" to those who may have experienced challenges of discrimination in our state. Since its founding in 1961, the ICRC protects Hoosiers from discrimination in areas of employment, real estate, access to public accommodation and conveniences; credit and education on behalf of race, color, national origin, religion, gender, disabilities, ancestry, and in housing, familial status.
Our emphasis on people has gained ICRC the reputation as a great place to work and a great place to grow. We provide the training and opportunity for each employee to gain skills and confidence while ICRC pursues acquisition opportunities to enhance our customer service skills as well as staying focused on the future of our state by being an excellent diversified workforce.
Our agency has accepted the challenge to provide quality service in an expeditious manner and will maintain a consistent level of excellence as we continue to serve the citizens of the great State of Indiana.
Judge Gregory Kellam Scott , Director
OUR VISION is to develop and implement a testing program designed to uncover patterns of discrimination.
OUR MISSION is to create a reference source for testers, focusing specifically on their role and procedures to use as a tester to detect unequal treatment.
OUR ROLE is to realize our vision as an effective communications network in civil rights and fair housing enforcement with the assurance that everyone takes responsibility and ownership of discrimination problems.
OUR VALUES are to be committed consistently to providing excellent service to the citizens of Indiana and to continue to build good relationships with our complainants and respondents.
Questions about Testing
Q: What is testing all about?
A: Testing is a controlled method to determine differential treatment in the quality, content, and quantity
of information and services given protected classes under the civil rights laws. Investigative tests collect evidence in connection with a complaint
filed by an aggrieved party. Survey tests collect evidence in situations where there is no specific complaining or aggrieved party, but where information
about sales, rental, lending or appraisal practices are desired.
Q: Who are testers?
A: Testers are trained individuals who stimulate the circumstances of alleged discriminatory treatment.
Their job is to observe what occurs and record their experiences. It is the policy of ICRC to recruit tester trainees from a wide variety of backgrounds
including: men and women of all ages, various income levels, and a cross-section of differing cultural and ethnic backgrounds, races, and national origins.
Q: What is tester training?
A: Since the tester program is a vital part of the litigation process, a comprehensive training
program is provided for each tester. Evidence secured by testers may impact greatly upon the outcome of a court case. In some instances, the creditability of the tester may be questioned. The validity of the evidenced will not be
weakened if the tester has received adequate training.
Q: Is tesing entrapment?
A: Testing in not entrapment. In discrimination cases relating to housing, the U.S. Supreme Court in Havens
Realty Corp. V. Coleman, 455 U.S. 363 (1982) held that the Fair Housing Act conferred a statutory right ;to truthful information about available housing. This right is violated when a minority tester is given incomplete and inaccurate information. This decision allows testers to join bona fide home seekers in seeking damages and injunctive relief for their own injuries. This same may apply in lending and insurance discrimination.
Q: Where can I go to sign up to become a tester?
A: Several Human Rights Commissions throughout Indiana are training satellites for tester training and
volunteer coordination. This voluntary program has been accepted in schools, churches, civic and business area throughout Indiana for persons
to sign up to fight against discrimination which is alive and well in Indiana. You can call your local Human Rights organization for more information.
Testers Used in Employement Discrimination Cases Since 1969
Like cases of housing discrimination, testers can also effectively be used to investigate illegal discrimination in the area of employment. For over twenty-five years, federal courts have recognized the use of testers in employment cases.
Testers are persons who attempt to apply for jobs which they do not intend to take. This tactic is used to discover discriminatory employment hiring practices by the employers. It is best to send "matched" or similar testers to apply for a particular job that is the subject of an Indiana Civil Rights Commission (ICRC) complaint. Matched testers are those that have similar work histories, training and other objective criterion, yet are different in one particular protected category such as race, gender, national origin or other.
Testing in Employment Cases Have Been Recognized Since at Least 1969, by the Federal Courts.
The courts have held that a civil rights coalition can occur regardless of whether or not the applicant intended to accept a position. Liability arises when the applicant is not considered for the position because of the applicant's race, religion, gender, etc.
ICRC has used testers in employment cases in the past and will continue to do so in the future when the need arises. Employment testing is an effective investigator tool which can uncover unlawful discrimination or exonerate employers from unfounded charges of discrimination.
General Recruitment Philosophy of the Indiana Civil Rights Cmmission
The ICRC intends to seek and utilize elected officials, colleges, universities, and other education institutions; social service agencies, human rights organizations and; advocacy groups; churches, local civic and community associations; media and printed newspapers, and others in accomplishing the objectives and goals for which the ICRC program is designed.
If you feel you have been a victim of discrimination contact:
Your local Human Relations Commission
or
HUD Chicago Regional Office, Region V
77 W. Jackson Blvd.
Chicago, Illinois 60604-3507
(800) 669-9777
or
Indiana Civil Rights Commission
Indiana Government Center - North
100 North Senate Avenue, Room N103
Indianapolis, Indiana 46204
(317) 232-2600 or (800) 628-2909
Fax: (317) 232-6580
TTY - Hearing Impaired (800) 743-3333
Hours of Operations: Monday to Friday 7 a.m. - 6 p.m.
Made available by:
ICRC Public Education and Outreach Unit (PEO)
Burnetta Sloss-Tanner, Director
- Do Disability Laws Cover Private Apartments and Private Homes?
- I Think I Was Discriminated Against At Work Because My Wife Is Disabled. Can I F...
- Does a small place of public accommodation located within a home (i.e., Day Care...
- What is Indiana Civil Rights Commissions Rate of successful Mediation in Disabil...
